GEETABAI Vs. SAYNARAYAN

JUDGEMENT

(1.) This appeal is by the claimant against an order whereby her application for claiming interim compensation under section 140 of the Motor Vehicles Act, 1988 is rejected by the learned member of the Tribunal on the ground that the permanent disability having not been proved as yet, in the absence of any material, no interim compensation can be awarded. It is observed that the same will be decided only after the entire evidence is recorded on merits. And hence appeal.

(2.) In an accident occurred, the appellant has sustained the compound-comminuted fracture of metatarsal bone. This led to filing of claim petition claiming compensation for the loss. An application for claiming interim compensation as per provisions of section 140 ibid was also made. In support of the application appellant-claimant filed 2 certificates of doctor certifying that the appellant has suffered:

(3.) Heard Mr. Manish Jain, the learned counsel for the appellant (claimant) and Mr. P.K. Gupta, learned counsel for insurance company, respondent No. 2, finally.